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Citation: 300 B.R. 262 | Docket No.: 03-8004
Status: Published | Citing: 14
Summary: 300 B.R. 262 (2003) In re David A. BEVER, Sr. and Sherry L. Bever, Debtors. Bank One, National Association, Appellant, v. David A. Bever, Sr. and Sherry L. Bever, Appellees. Creditor Bank One, National Association ("Bank One") appeals the bankruptcy court's order denying its motion to vacate the trustee's sale of the Debtors' residence back to the Debtors due to insufficient service of the trustee's notice of the proposed sale, and the substantial difference between the sale price and the Debtor......read more.


Citation: 302 B.R. 535 | Docket No.: 03-8011
Status: Published | Citing: 26
Summary: 302 B.R. 535 (2003) In re Raymond L. ADAMS and Janet M. Adams, Debtors. Susan L. Rhiel, Trustee, Appellant, v. Raymond L. and Janet M. Adams, Appellees. This case is before us on the bankruptcy Trustee's appeal from a ruling of the bankruptcy court that the Debtors, Mr. and Mrs. Raymond Adams, were the beneficiaries of trusts with enforceable transfer restrictions such that their beneficial interests in those trusts were excluded from their bankruptcy estate under 11 U.S.C. § 541(c)(2). I. ISSUE......read more.




Citation: 467 B.R. 906 | Docket No.: BAP No. 11-8053
Status: Published | Citing: 48
Summary: 467 B.R. 906 (2012) In re Martha LEE, Debtor-Appellant. Martha W. Lee, the pro se debtor in this case, appeals from a July 14, 2011 bankruptcy *910 court order granting the Appellee's motion to dismiss the debtor's chapter 11 case for abuse.[1] Consistent with the Judge's remarks at the hearing, the order also granted Appellee's requests for in rem relief against the debtor's real property pursuant to 11 U.S.C. §§ 105 and 362(d)(4) and declared that the case dismissal was with prejudice for a pe......read more.


Citation: 219 B.R. 741 | Docket No.: BAP Nos. 97-8061, 97-8083
Status: Published | Citing: 59
Summary: 219 B.R. 741 (1998) In re UNITCAST, INC., f/k/a William Cook North American Unitcast, Inc., Debtor. On summary judgment, the bankruptcy court denied the motion, finding that the government could not prove an entitlement to disgorgement because its penalty claim, under IRC § 4971, for the Debtor's failure to adequately fund employee benefit plans, either did not qualify as an administrative expense under 11 U.S.C. § 503(b), or qualified in an amount too small to warrant disgorgement. Exercising i......read more.


Citation: 421 B.R. 602 | Docket No.: 08-8096, 08-8097, 07-08948
Status: Published
Summary: 421 B.R. 602 (2009) IN RE BARNHILL'S BUFFET, INC.; SCS GENERAL CONTRACTORS, INC. v. WELLS FARGO BANK, N.A. No. 08-8096, 08-8097, 07-08948.


Citation: 232 B.R. 76 | Docket No.: BAP No. 98-8091
Status: Published | Citing: 26
Summary: 232 B.R. 76 (1999) In re Bernard L. ZAPTOCKY, and Gloria J. Zaptocky, Debtors. OPINION Appellant Chase Manhattan Bank appeals the bankruptcy court's determination that its mortgage on the home of the joint Chapter 7 Debtors, Bernard L. and Gloria J. Zaptocky, is avoidable by the Chapter 7 Trustee pursuant to 11 U.S.C. § 544(a) because the execution of the mortgage was not properly witnessed in accordance with Ohio law. I. ISSUES ON APPEAL This appeal presents two issues: (1) whether the bankrupt......read more.


Citation: 309 B.R. 277 | Docket No.: 03-8030
Status: Published | Citing: 35
Summary: 309 B.R. 277 (2004) In re PITTSBURGH-CANFIELD CORPORATION, et al., Debtors. Yenkin-Majestic Paint Corporation, the Valspar Corporation, and Mississippi Lime Company, Appellants, v. Wheeling-Pittsburgh Steel Corporation, Debtor-Appellee. Appellants, Yenkin-Majestic Paint Corporation, Valspar Corporation and Mississippi Lime Company (collectively, the "Appellants"), are vendors who filed timely reclamation claims against the Debtor, Wheeling-Pittsburgh Steel Corporation (the "Debtor"). 28 U.S.C. §......read more.


Citation: 439 B.R. 92 | Docket No.: BAP No. 09-8074
Status: Published | Citing: 14
Summary: 439 B.R. 92 (2010) In re ALMA ENERGY, INC., Debtor. FACTS Alma Energy, LLC (the "Debtor") acquired rights in 2005 and 2006 to mine coal on two tracts of land in Pike County, Kentucky, known as the "Pocahontas Leases." Following the filing of the Debtor's chapter 11 petition, the Debtor, THC, and KCV I entered into a settlement agreement for the purpose, at least in part, of allowing the Debtor to resume the mining operations. Following review of the settlement agreement entered into by the Debto......read more.


Citation: 209 B.R. 435 | Docket No.: BAP No. 97-8013, Bankruptcy No. 1-92-04791
Status: Published | Citing: 23
Summary: 209 B.R. 435 (1997) In re WILLIAM CARGILE CONTRACTOR, INC., Debtor. Norman SLUTSKY, Trustee of William Cargile Contractor, Inc., Plaintiff-Appellant, v. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY INC., et al., Defendants, Western Steel Erection, Inc., Defendant-Appellee. JURISDICTION AND STANDARD OF REVIEW In an order entered on March 28, 1997, this Bankruptcy Appellate Panel determined that the bankruptcy court order vacating the default judgment was not a final order, and the Trustee was......read more.




Citation: 326 B.R. 683 | Docket No.: 04-8062
Status: Published | Citing: 45
Summary: 326 B.R. 683 (2005) In re GASEL TRANSPORTATION LINES, INC., Debtor. Volvo Commercial Finance LLC the Americas, Appellant, v. Gasel Transportation Lines, Inc., Appellee. I. ISSUES ON APPEAL The issue presented is whether the bankruptcy court erred in determining that the appellant is not entitled to allowance of an administrative expense claim as a result of the debtor in possession's postpetition use of trucks in which the appellant holds security interests. JURISDICTION AND STANDARD OF REVIEW A......read more.


Citation: 286 B.R. 622 | Docket No.: 02-8045
Status: Published | Citing: 7
Summary: 286 B.R. 622 (2002) In re James R. HOLLINGSHEAD, Debtor. The Tennessee Department of Agriculture ("TDOA") appeals the decision of the bankruptcy court finding that TDOA's statutory lien on the Debtor's 2000 cotton crop does not have priority over the liens of two creditors that are also secured by the Debtor's 2000 cotton crop. I. ISSUES ON APPEAL Whether the bankruptcy court erred in finding that TDOA does not have an automatic, superseding statutory lien pursuant to subsections (b) and (c) of ......read more.


Citation: 378 B.R. 518 | Docket No.: BAP No. 06-8049
Status: Published | Citing: 9
Summary: 378 B.R. 518 (2007) In re William COCANOUGHER and Tina Cocanougher, Debtors. In this appeal, the Appellant, Citifinancial Mortgage Co., Inc., f/k/a Associates Home Equity Service, Inc. as successor in interest to MG Investments, Inc. ("Citifinancial"), appeals the bankruptcy court's judgment voiding Citifinancial's security interests in real estate owned by the Debtors, William and Tina Cocanougher. The bankruptcy court voided the mortgages based on its finding that both mortgages were defective......read more.


Citation: 214 B.R. 148 | Docket No.: BAP No. 97-8050
Status: Published | Citing: 31
Summary: 214 B.R. 148 (1997) In re Donald and Hazel ELLIOTT, Debtors. NATIONAL CITY BANK, Plaintiff-Appellant, v. Donald and Hazel ELLIOTT, Defendants-Appellees. A Chapter 13 debtor's right to redeem a vehicle under section 1309.49 of the Ohio Revised Code constitutes a sufficient equitable interest to cause the vehicle to be property of the bankruptcy estate. I. ISSUE ON APPEAL Is a vehicle that has been retitled to a secured creditor following repossession, but that is still subject to the debtors' rig......read more.


Citation: 440 B.R. 761 | Docket No.: 10-8029
Status: Published | Citing: 30
Summary: 440 B.R. 761 (2010) In re Evonne M. GIAIMO, Debtor. In this appeal, Maureen Perfect, Executor of the Estate of Veronica O'Keefe ("O'Keefe") appeals the bankruptcy court's order granting summary judgment on the Trustee's complaint to avoid her lien on the vehicle of chapter 7 debtor, Evonne Giaimo ("Debtor"). FACTS On June 11, 2009, Evonne M. Giaimo ("Debtor") filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. On August 9, 2009, the Trustee filed an adversary complaint,......read more.




Citation: 306 B.R. 186 | Docket No.: 03-8060
Status: Published | Citing: 14
Summary: 306 B.R. 186 (2004) In re BUCKEYE STEEL CASTINGS COMPANY, INC., Debtor. Transportation & Transit Associates, Appellant, v. Columbus Steel Castings Company, Appellee. FACTS On December 20, 2002, Buckeye Steel Castings Company, Inc., and certain affiliated corporations ("Debtor") filed voluntary Chapter 11 bankruptcy petitions. On February 14, 2003, the bankruptcy court entered an order approving the sale, free and clear of liens and other claims, of substantially all of the Debtor's assets to Col......read more.


Citation: 389 B.R. 518 | Docket No.: BAP No. 07-8052
Status: Published | Citing: 32
Summary: 389 B.R. 518 (2008) In re Ralph Hartford KIMBRO, Jr. and Patricia Ann Kimbro, Debtors. Henry E. Hildebrand, III, Trustee, Appellant, v. Ralph Hartford Kimbro, Jr. And Patricia Ann Kimbro, Debtors-Appellees. This appeal requires the Panel to decide whether in the means test of 11 U.S.C. §.707(b)(2)(A)(ii)(I), a debtor may deduct an "ownership expense" for a vehicle that is subject to neither secured debt nor a lease. DISCUSSION The issue of whether a debtor may deduct a vehicle ownership expense ......read more.